IN THE CASE OF:	  

	BOARD DATE:	  3 February 2009

	DOCKET NUMBER:  AR20080016155 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his Report of Separation from Active Duty (DD Form 214) to show award of his second Meritorious Service Medal and his Ranger Tab.         

2.  The applicant states that the absence of these awards was simply an error of omission.

3.  The applicant provides copies of his DD Form 214; General Orders Number 130 awarding him the Meritorious Service Medal, First Oak Leaf Cluster; and Special Orders Number 97 authorizing him to wear the Ranger Tab.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 7 June 1953, the applicant was appointed a second lieutenant, Infantry, in the United States Army Reserve.  He entered active duty on 21 October 1954.  He served through a series of assignments both in the United States and overseas and retired in the rank of lieutenant colonel, pay grade O-5, on 
31 August 1975.  He had completed 24 years, 7 months, and 7 days of creditable active duty service.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the Bronze Star Medal, Air Medal (three awards), Meritorious Service Medal, Army Commendation Medal with one Oak Leaf Cluster and “V” Device, Armed Forces Expeditionary Medal, World War II Victory Medal, Vietnam Service Medal with three bronze service stars, Master Parachutist Badge, Combat Infantryman Badge, [Republic of] Vietnam Campaign Medal with (1960-) Device, and the Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars.  It does not show award of a second Meritorious Service Medal or the Ranger Tab.

4.  Item 17 (Civilian Education and Military Schools) of the applicant’s DA Form 2-1 shows that he completed the Ranger Course in 1955 and the Special Forces Officer Course in 1962.

5.  Special Orders Number 97, Headquarters, The Infantry Center, Fort Benning, Georgia, dated 26 April 1955, identified the applicant as ranger qualified authorized to wear the Ranger Tab.

6.  During the period from 4 February to 30 July 1963, the applicant served as the Commanding Officer, Operational "A" Detachment, B Company, 5th Special Forces Group, 1st Special Forces, in the Republic of Vietnam.

7.  During the period from 5 May 1965 to 13 September 1965, the applicant served as the Company Commander, B Company, 1st Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade, in the Republic of Vietnam.

8.  During the period from 14 September 1965 to 30 April 1966, the applicant served as the Brigade C-2 [Intelligence Officer] for the 173rd Airborne Brigade, in the Republic of Vietnam.

9.  General Orders Number 130, United States Army Infantry Center, fort Benning, Georgia, dated 26 August 1975, awarded the applicant the Meritorious Service Medal with first Oak Leaf Cluster for meritorious service during the period from 8 August 1972 to 31 August 1975.

10.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 1st Battalion, 503rd Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 48, dated in 1968, for award of the Meritorious Unit Commendation; and in DAGO Number 51, dated in 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

12.  Army Regulation 600-8-22 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined. 

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Special Forces (SF) Tab may be awarded to all personnel who successfully complete the Special Forces Qualification Course or Special Forces Detachment Officer (previously known as the Special Forces Officer Course).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his second Meritorious Service Medal and Ranger Tab have been omitted from his DD Form 214.

2.  General Orders show that the applicant was awarded the Meritorious Service Medal with First Oak Leaf Cluster.  Therefore, his records should be corrected to show this award.

3.  Special Orders show that the applicant qualified as a ranger and was authorized the Ranger Tab.  Therefore, his records should be corrected to show this award.

4.  The evidence of record clearly shows that the applicant met the qualifications for award of the Special Forces Tab.   Therefore, his records should be corrected to show this award.

5.  Records show that the applicant served during a qualifying period for award of the National Defense Service Medal.  Therefore, his records should be corrected to show this award.
6.  The applicant's unit was cited in general orders for award of the Meritorious Unit Commendation.   Therefore, his records should be corrected to show this unit award.   

7.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.   

BOARD VOTE:

____X___  ____X___  ____X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the National Defense Service Medal, Meritorious Unit Commendation, an Oak Leaf Cluster to be affixed to his already-awarded Meritorious Service Medal, Ranger Tab, Special Forces Tab, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




__________ _ X   _______   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080016155



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